n Ferweda v Mercer Celgar Limited Partnership, 2024 BCSC 844 (CanLII) ( https://canlii.ca/t/k4mqj) Tammen had this to say as to why he found that the Plaintiff had been induced to join the Defendant :
33] In reaching this conclusion, I find the following facts to be important considerations:
a) Celgar recruited Mr. Ferweda. Mr. Ferweda was not actively looking for a different job, nor did he respond to a newspaper advertisement. Rather, he responded to an email sent directly to him by a recruiter retained by the employer;
b) Celgar attempted to make the job attractive to Mr. Ferweda during the visit to the Celgar Mill, which was paid for by the Celgar;
c) During the Celgar Mill visit, Mr. Percy, who had previously worked for Catalyst, made statements which pointed out the aspects of employment with Celgar that were superior to Catalyst, including paid overtime, better benefits and a stable fibre supply;
d) Mr. Percy expressly told Mr. Ferweda that Celgar hired for the “long term”;
e) Mr. Belland specifically asked Mr. Ferweda how long he was prepared to commit to Celgar for, implying that the position was meant to be comparatively long-term; and
f) Mr. Ferweda did not accept the first offer, but only took the job after Celgar offered an increased salary.
[34] Based on the totality of things said and done by Celgar at the time the employment contract was formed, Mr. Ferweda reasonably believed that he was being offered an opportunity to potentially end his career with Celgar, in a position which although identical to the one he was leaving, offered greater job satisfaction, and considerably better remuneration and benefit.
My Comments:
This case sets out the type of facts that allows the Court to find that inducement took place. In determining that inducement took place, the notice period seems to a compromise between his 27 years prior service ( which the Judge said would easily get him 18 to 24 months notice ) and his short 2.5 years current service ( which the Judge said would get him 5 months notice ).
For a copy of this case, email me at barry@barryfisher.ca
To book a mediation, go to www.barryfisher.ca
To access the Wrongful Dismissal Database, go to www.wddonline.ca